5260.E AMH KING H2366.1

5260.E AMH KING H2366.1

ESB 5260 - H AMD 000315 ADOPTED 4-6-93

By Representatives King and Foreman

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that salmon consumers in Washington benefit from knowing the species and origin of the salmon they purchase. The accurate identification of such species, as well as knowledge of the country or state of origin and of whether they were caught commercially or were farm-raised, is important to consumers.

NEW SECTION. Sec. 2. A new section is added to chapter 69.04 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 5 of this act.

(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

SCIENTIFIC NAME COMMON NAME

Oncorhynchus tshawytscha Chinook salmon or king salmon

Oncorhynchus kisutch Coho salmon or silver salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

Salmo salar (in other than Atlantic salmon

its landlocked form)

(2) "Commercially caught" means salmon harvested by commercial fishers.

NEW SECTION. Sec. 3. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell at wholesale or retail any fresh or frozen salmon food fish or cultured aquatic salmon without identifying the species of salmon by its common name to the buyer at the point of sale such that the buyer can make an informed decision in purchasing. A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading or erroneous information about the species of salmon and subsequently inaccurately identifies salmon shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 4. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell at wholesale or retail any fresh or frozen:

(1) Private sector cultured aquatic salmon without identifying the product as farm-raised salmon; or

(2) Commercially caught salmon designated as food fish under Title 75 RCW without identifying the product as commercially caught salmon.

Identification of the products under subsections (1) and (2) of this section shall be made to the buyer at the point of sale such that the buyer can make an informed decision in purchasing.

A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is farm-raised or commercially caught, and subsequently inaccurately identifies salmon shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 5. A new section is added to chapter 69.04 RCW to read as follows:

To promote honesty and fair dealing for consumers, the director, in consultation with the director of the department of fisheries, shall adopt rules:

(1) Fixing and establishing a reasonable definition and standard of identity for salmon for purposes of identifying and selling salmon;

(2) Enforcing sections 3 and 4 of this act."

EFFECT: Adds a legislative findings section. Adds additional common names for chinook and coho salmon. Exempts commercial fishers engaged in sales of fish to a fish buyer from the salmon labeling requirements of the bill. Removes advertising from the identification requirements. Exempts minced, pulverized, batter-coated, and breaded salmon from the requirements of the act. Removes the requirement that the origin of the fish be identified.